[17th Miss Regt]

Suppose a gay couple gets married in California and moves to a state that does not recognize the marriage. When the gay couple attempts to get a benefit reserved for married couples in the new state, would that not set up a “full faith and credit” fight in the new state? And if so, would the case not have to be resolved at the federal court of appeals level?

[Congressman Billybob]

Not only has your hypothetical case possible, it has already happened. A lesbian couple who got “married” in Massachusetts are now in court in Nebraska, IIRC, seeking a “divorce” in a state that doesn't recognize their marriage in the first place.

Some state courts have already approached this issue, ruling that since the “marriage” isn't recognized, the domestic laws of that state offer no relief.

John / Billybob